- within Government, Public Sector, Insurance and Coronavirus (COVID-19) topic(s)
As 2025 comes to a close, employers across the country should be thinking about what employment laws impose new or heightened compliance requirements for 2026. Compliance with the Occupational Safety and Health Act (OSH Act) is no exception and employers should be mindful of OSHA-related enforcement topics that are likely to be a priority in 2026. Companies should take the opportunity to get a head start on updating health and safety related policies, trainings, and processes as OSHA resumes business as usual in the aftermath of the recent federal government shutdown.
Predicted OSHA Enforcement Priorities for 2026
Heat Safety – On August 30, 2024, OSHA published in the Federal Register a Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, evidencing an increased interest in this area. Until this rule was proposed, OSHA has relied on the General Duty Clause of the OSH Act when issuing heat-related citations. While the specific language remains subject to change, the proposed heat regulations would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. It would require employers to create a plan to evaluate and control heat hazards in the workplace, with the goal of preventing and reducing the number of workplace injuries, illnesses, and deaths caused by exposure to hazardous heat. The informal public hearing for the proposed rule closed on July 2, 2025, and the post hearing comment period was extended to October 30, 2025, prior to the government shutdown that began on October 1, 2025. While this rule has not been finalized, it is expected the rulemaking process will resume and conclude in short order after the government shutdown ends.
Injury and Illness Recordkeeping – Since January 2024, certain high-hazard employers have been required to electronically submit OSHA Forms 300, 300A, and 301 via the Injury Tracking Application. In 2026, OSHA is expected to increase enforcement with respect to recordkeeping and increase data transparency. This may result in a higher likelihood of targeted inspections, increased pressure to improve prevention and reporting practices, and greater reputational risk from publicly available incident data.
Best Practices for Compliance in 2026 and Beyond
Companies should start reviewing their safety programs and training materials now with a particular eye toward updating heat-related illness prevention. Companies will be better positioned from a compliance standpoint if they begin familiarizing themselves with the proposed rule's extensive requirements while waiting for the official version of the rule to pass so they can begin evaluating compliance early instead of waiting and then scrambling. Similarly, companies would also be smart to review their recordkeeping practices with respect to OSHA Forms 300, 300A, and 301 to ensure compliance in 2026. Some steps businesses may consider taking include:
- Onsite Consultation: Consult with legal counsel or a third-party safety consultation service to evaluate current heat-related policies and processes in place, or lack thereof. Identify gaps with the proposed rule and remediate the same promptly before the rule is passed and it takes effect.
- Train Employees: For example, with respect to heat-related illnesses, employees should receive training on the impact of environmental factors, level of exertion and workload, presence of excess heat sources, PPE that may impact the body's ability to shed heat, and personal risk factors that can increase sensitivity to heat related illnesses, such as body weight, chronic health conditions, physical fitness, and medications. HR and/or EHS teams should implement annual safety training reminders to ensure all employees receive refresher training on this topic on at least an annual basis.
- Audit and Update Existing Safety Programs and Policies: Implementing and/or enhancing a heat-related illness plan now can help ease the transition when the final rule is passed. This may include protocols regarding hydration and rest breaks, training, engineering controls, acclimatization requirements specific to new workers, PPE requirements, and work practices that monitor weather and work exertion, and implement employee safety monitoring tools.
- Maintain Adequate Records: Ensure your business timely submits accurate and complete OSHA Forms 300, 300A, and 301 as applicable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
